header-logo header-logo

Experts “cautiously optimistic” about litigation future post-Brexit

17 March 2017
Issue: 7739 / Categories: Legal News , Brexit , EU , Litigation trends
printer mail-detail

London is likely to retain its dominance as the forum of choice post-Brexit, despite EU lobbying that exiting the EU could mark the end for UK litigation dominance.

Speaking in a New Law Journal panel debate this week, Ed Crosse, partner at Simmons and Simmons LLP and president of the London Solicitors Litigation Association, said he was optimistic but not complacent about the future.

“After an initial period of alarm among clients—and lawyers—about the Brexit effect on civil justice things have settled down. Clients choose to litigate in London for many reasons such as the quality of the judiciary, the procedures, the availability of disclosure, adverse costs orders, the integrity of the courts etc, but it’s vital that we improve certainty about the future.

“We need to be taking steps to reassure clients that they will be able to resolve their disputes as they’ve decided. Clients want to be sure that if they have an exclusive jurisdiction clause they’ll be able to enforce it widely.”

Fellow panel member Hugh Mercer QC, Essex Court Chambers and Chairman of the Bar Council’s Brexit Working Group, said it was important not to overstate how much influence Brexit would have on London as a financial centre because of the infrastructure and services, and the mass of people here who can service it. However, he emphasised that the rule of law depended on legal certainty.

“You don’t start litigation unless you’re going to be able to enforce. At the moment we have a unique situation in the world whereby we’re plugged into the EU system of enforcing judgments, the New York Convention for Arbitration and we also have reciprocal enforcement with the Commonwealth countries. Our judgments are uniquely transportable around the world and it’s important that we try to maintain that post-Brexit.”

Mercer felt that a “good agreement on jurisdiction and judgments was feasible” and was moderately optimistic that we will get one: “The Brussels Regulation in global terms is the gold standard—the status quo is the best there is and is what we should work towards.”

David Greene, senior partner at Edwin Coe LLP and consultant editor on New Law Journal quizzed the panel about what the litigation landscape will be like for practitioners and clients as Brexit becomes a reality. The Brexit master class, part of NLJ’s exclusive webinar series, is available to download here.

Issue: 7739 / Categories: Legal News , Brexit , EU , Litigation trends
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll